Right to counsel

Key_development Question_mark

Legislation, Civil Commitment - Subject of Petition

In any proceedings for the involuntary admission of an allegedly mentally ill person, the court “shall appoint counsel” to represent the person; appointed counsel “may be the public defender or his or her deputy.”  Nev. Stat. § 433A.270(1).  Appointed counsel’s fees “must be charged against the estate of the person for whom the counsel was appointed or, if the person is indigent, against the county where the person alleged to be a person with mental illness last resided.”  § 433A.270(2).  Likewise, in any proceedings for the involuntary admission of a “person with an intellectual disability or . . . a related condition” to an “intellectual disability center,” the court is also required to appoint counsel for the person.  § 435.126(3).  “If the person is indigent, the counsel appointed may be the public defender.”  Id.  Appointed counsel’s fees “must be charged against the property of the person for whom the counsel was appointed.  If the person is indigent, the compensation must be charged against the county in which the person alleged to be a person with an intellectual disability or . . . a related condition last resided.”  § 435.126(4).

Appointment of Counsel: categorical Qualified: no